Written by attorneys · grounded in primary & secondary sources — see below
An agreement by the party opposing a demurrer that accepts the legal issue raised and submits the sufficiency of the pleading to the court for decision without further factual dispute.
Sources & Authorities· 16 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Class Size Forces Separate Actions
Jennifer Jackson filed a proposed class action against Jarvis Aviation alleging widespread flight cancellations. The airline moved to dismiss, arguing that the class could not meet the numerosity requirement because individual joinder remained practicable. The court denied class certification after finding that the hundreds of affected passengers could be joined individually without undue burden.
State Claim Joins Federal Suit
Jessica Jacobs sued Jackson Mutual in federal court on a federal securities claim and added a related state-law breach claim against the same defendant. The court exercised supplemental jurisdiction because the state claim arose from the identical transaction and formed part of the same constitutional case or controversy.
Spouse Joins Transfer Consent
Jeanette Jensen transferred real property to her adult child. Her surviving spouse later executed a written consent to the transfer. The probate court excluded the property from the augmented estate because the spouse's written joinder satisfied the statutory exception.
Jose Jimenez, domiciled in State A, conveyed land located in State B. When a dispute arose over the transfer, the State A court applied its own procedural rules on joinder of parties while looking to State B law for the substantive validity of the conveyance.
Stakeholders Forced to Interplead
Jacob Jennings, an escrow agent, faced competing claims to the same funds from two rival claimants. He filed an interpleader action joining both claimants as defendants and required them to litigate their respective rights to the stake.
Foreign Defendant Disregarded for Venue
June Jiang, a citizen of a foreign country, was joined as a defendant in a suit also naming several U.S. residents. The court disregarded her joinder when determining proper venue among the remaining defendants because a nonresident alien may be sued in any judicial district.
Common questions
Frequently Asked
3
What does joinder in demurrer accomplish in pleading practice?+
It accepts the legal sufficiency question raised by the demurrer and allows the court to decide the issue of law without further factual development.
How does numerosity interact with joinder practicality?+
When a class is so numerous that joining every member would be impracticable, class treatment becomes available under the governing rule.
When may a court exercise supplemental jurisdiction over joined claims?+
Supplemental jurisdiction extends to claims that form part of the same Article III case or controversy as the anchor claim over which the court has original jurisdiction.
504 U.S. 555 (1992)Constitutional Law
…There is no support for the dissent's novel contention, ibid. , that Rule 19 of the Federal Rules of Civil Procedure, governing joinder of indispensable parties, somehow alters our longstanding rule that jurisdiction is to be assessed under the facts existing when the complaint is filed. The redressability element of the…
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